VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00688
Package ID: USCOURTS-cofc-1_14-vv-00688
Petitioner: Marta Garcia
Filed: 2014-07-31
Decided: 2015-07-29
Vaccine: influenza
Vaccination date: 2011-09-12
Condition: shoulder injury
Outcome: compensated
Award amount USD: 50000

AI-assisted case summary:
Marta Garcia filed a petition for compensation under the National Vaccine Injury Compensation Program on July 31, 2014, alleging that she suffered a shoulder injury caused by an influenza vaccination she received on September 12, 2011. She further alleged that she experienced residual effects of her injuries for more than six months. The respondent denied that the influenza vaccination caused her alleged shoulder injury or any other injury. The parties, however, reached a settlement. Respondent agreed to pay Ms. Garcia a lump sum of $45,000.00 for all damages and an additional lump sum of $5,000.00 for attorneys' fees and costs. The Special Master adopted the parties' stipulation and awarded compensation in the agreed-upon amount and terms. The decision was issued by Special Master Thomas L. Gowen on July 29, 2015. Petitioner's counsel was Jonathan Gold, Esq., and respondent's counsel was Alexis Babcock, Esq. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.

Theory of causation field:
Petitioner Marta Garcia alleged that an influenza vaccination received on September 12, 2011, caused a shoulder injury with residual effects lasting more than six months. Respondent denied causation. The parties stipulated to a settlement, and Special Master Thomas L. Gowen adopted the stipulation. The settlement included a $45,000 lump sum for damages and a $5,000 lump sum for attorneys' fees and costs, totaling $50,000. The theory of causation was considered "Off-Table." The public decision does not detail the specific medical mechanism, expert testimony, or evidence presented regarding causation. Petitioner was represented by Jonathan Gold, Esq., and respondent by Alexis Babcock, Esq. The decision date was July 29, 2015.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00688-0
Date issued/filed: 2015-07-29
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 07/02/2015) regarding 19 DECISION Fees Stipulation/Proffer, DECISION Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:14-vv-00688-UNJ Document 23 Filed 07/29/15 Page 1 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
No. 14-688V
Filed: July 2, 2015
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * *
MARTA GARCIA, *
*
Petitioner, * Stipulation; Flu; Shoulder Injury
v. * Attorneys’ Fees & Costs
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Jonathan Gold, Esq., Rosenbaum & Rosenbaum, P.C., New York, NY for petitioner.
Alexis Babcock, Esq., U.S. Dep’t. of Justice, Washington, DC for respondent.
DECISION ON JOINT STIPULATION1
Gowen, Special Master:
Marta Garcia [“petitioner”] filed a petition for compensation under the National
Vaccine Injury Compensation Program2 on July 31, 2014. Petitioner alleges that she
suffered a shoulder injury that was caused in fact by the influenza vaccination she
received on September 12, 2011. See Stipulation, filed July 2, 2015, at ¶¶ 2, 4.
Further, petitioner alleges that she experienced residual effects of her injuries for more
than six months. Stipulation at ¶ 4. Respondent denies that the influenza vaccination is
the cause of petitioner’s alleged shoulder injury or any other injury or her current
condition. Stipulation at ¶ 6.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
to post this decision on the United States Court of Federal Claims' website, in accordance with the E-
Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44
U.S.C. § 3501 note (2006)). In accordance with Vaccine Rule 18(b), a party has 14 days to identify and
move to delete medical or other information, that satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B).
Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted
decision. If, upon review, I agree that the identified material fits within the requirements of that provision, I
will delete such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:14-vv-00688-UNJ Document 23 Filed 07/29/15 Page 2 of 7
Nevertheless, the parties have agreed to settle the case. On July 2, 2015, the
parties filed a joint stipulation agreeing to settle this case and describing the settlement
terms.
Respondent agrees to pay petitioner:
a. A lump sum of $45,000.00 in the form of a check payable to petitioner,
Marta Garcia. This amount represents compensation for all damages that
would be available under § 300aa-15(a); and
b. A lump sum of $5,000 in the form of a check payable jointly to petitioner
and petitioner’s attorney, Jonathan Gold, Esq., for attorneys’ fees and
costs available under § 300aa-15(e); and, in compliance with General Order
#9 no out-of-pocket expenses were incurred by petitioner in proceeding on
the petition.
The special master adopts the parties’ stipulation attached hereto, and awards
compensation in the amount and on the terms set forth therein. The clerk of the court is
directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a
notice renouncing the right to seek review.

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